November 02, 2010 04:42:45 GMT
Joe Jackson's attorney, Brian Oxman, would refile the case in Los Angeles Superior Court after Judge John F. Walter claimed he does not have the authority to hear the case.
A wrongful death lawsuit filed by Michael Jackson's father will be handled by a California state court after a federal judge insisted he does not have the authority to hear the case. Joe Jackson launched legal action against Jackson's personal physician Dr. Conrad Murray in August this year, accusing him of administering a fatal dose of anesthetic Propofol, which led to the singer's death in June 2009.
Jackson alleges he was being supported by the "Thriller" hitmaker at the time of his passing - a claim which gives him the necessary legal standing to pursue a wrongful death suit. He is said to be seeking damages between $10 million (GBP6.7 million) and $500 million (GBP333.3 million) for loss of support, emotional distress and "loss of comfort, aid, society and companionship".
At a federal court hearing on Monday, November 1, Jackson's attorney, Brian Oxman, agreed to dismiss a claim alleging the King of Pop's rights were violated under the Americans with Disabilities Act - prompting U.S. District Judge John F. Walter to rule the remaining issues needed to be handled in a state court. Oxman said he would refile the case in Los Angeles Superior Court.
The federal judge also said he would not delay the case until after the January 2011 criminal trial of Dr. Murray, who has pleaded not guilty to involuntary manslaughter in the "Thriller" hitmaker's June 2009 death.